3 He now knows he faces the death penalty .. if he is convicted of kidnapping, raping and strangling 8-year- old Cherish Perrywinkle. Today .. 56 year old Donald Smith appeared in court for the first time since he was indicted on charges that could bring his execution. Channel 4's camera was the only one in the courtroom when Smith was formally advised of the charges against him. Channel 4's Hailey Winslow was there.... she is joining us LIVE from the jail .. where Smith is being held without bond. Hailey, did Smith show any reaction? 3 3 3 00-0556-1:00in an orange jumpsuit, which means he's dangerous, and with a direct stare, 56-year old Donald Smith slowly walks into J1 for his first appearance...and sits in the front row.About a half hour later, Judge Emmett Ferguson calls him up and reads his charges ...There's no bond for Smith...who then walks out to return to his jail cell...prosecutors have already announced they will seek the death penalty in this case ...And if a jury decides that's his punishment, he may die from lethal injection - sooner than it's taken other executions.That's because of a the bill Governor Rick Scott signed into law last month - to speed up the execution process...The average time on death row before an execution is 13 years ....The goal of the legislation, called the Timely Justice Act, is to cut the waiting time to 10 years. But some attorneys don't agree with it...Former prosecutor and current criminal defense lawyer Richard Kuritz says the new legislation isn't stopping criminals like Smith...who is accused of kidnapping, raping, and strangling 8-year old Cherish Perrywinkle AFTER Governor Scott signed the bill into law.Kuritz says the new legislation could help get better lawyers involved...but it's ultimately not the answer... 3

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